Terms & Conditions
Welcome to CarvedImpressions.com. The website https://www.carvedimpressions.com (the "Site") is comprised of various web pages that are owned and operated by Cared Impressions. https://www.carvedimpressions.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.carvedimpressions.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Https://www.carvedimpressions.com is an E-Commerce site operating under the Carved Impressions name.
Privacy:
Your use of https://www.carvedimpressions.com is subject to Carved Impressions' Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection.
Electronic Communications:
Visiting https://www.carvedimpressions.com or sending emails ot Carved Impressions constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclousures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communcations be in writing.
Children Under Thirteen:
Carved Impressions does not knowingly collect, either online or offline, personal imformation from persons under the age of thirteen. if you are under 18, you may use the Site only with permission of a parent or guardian.
Cancellation/Refund Policy:
There are two main reasons Carved Impressions will accept a return for a 100% customized headstone or marker: Damage by the carrier or error in engraving caused by Carved Impressions. These are the only two cases in which we will allow any type or return or correction on stones we produce.
See below for more details.
Carved Impressions ships thousands of stones per year with a less than 1% damage occurrence. Please make sure to inspect or have your delivery location inspect the stone for damage prior to signing for the delivery. YOU MUST refuse the stone if there is damage;
Damage reported to the carrier after the stone is signed for will most likely not be covered with any recourse.
If possible, take a picture of the damage for us and contact us ASAP on our Contact Us page or at sales@carvedimpressions.com. Carved Impressions will remedy the issue with repair or replacement as quickly as possible. We will file any appropriate claim actions on the stone. Understand that when you accept and sign for the stone you are acknowledging that the stone has arrived without defect or damage from the shipping.
We will deliver a stone with the exact engraving you have approved. Please note it is your responsibility to carefully inspect every character in the proof we send you for accuracy. We highly suggest having more than one individual involved in this process to eliminate errors. When you approve the graphic that is what we will engrave: there is no opportunity after that initial engraving to change a mistake and in most cases a new stone is less expensive than attempting to correct an error. Understand that any error in engraving that you have approved will not be corrected and the engraving will stand as completed so we cannot stress enough the thoroughness that should be employed on examining the graphic for errors.
If for any reason, you stone is NOT correct when it has arrived and it does not EXACTLY match your proof sent to you at the time of approval, your stone is eligible to be remade. If you have found an error, please use our Contact Us page or at sales@carvedimpressions.com to contact us with:
- pictures of the stone
- pictures of the mistake
- and your original APPROVAL
and we will examine the situation from there.
Links to Third Party Sites/Third Party Services:
https://www.carvedimpressions.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Carved Impressions and Carved Impressions is not responsible for the contents of any Linked site, including without limitation any link contained in a Linked Site, or any changes or updates to Linked Sites. Carved Impressions is providing these links to you only as a convenience, and the inclusion of the link does not imply endorsement by Carved Impressions of those sites or any association with it's operators.
Certain services made available via https://www.carvedimpressions.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.carvedimpressions.com domain, you hereby acknowledge and content that Carved Impressions may share such information and data with any third party with who Carved Impressions has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.carvedimpressions.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property:
You are granted a non-exclusive, non-transferrable, revocable license to access and use https://www.carvedimpressions.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant Carved Impressions that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Al content included as part of the Service, such as text, link, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Carved Impressions or it's suppliers and is wholly protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will nor make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in while or in part, found on this Site. Carved Impressions content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of the protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your own personal use, and will make no other use of the content without express written permission of Carved Impressions and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Carved Impressions or our licensors expect as expressly authorized by these Terms.
International Users:
The Service is controlled, operated and administered by Carved Impressions from our offices within the United States. If you access the Service from a location outside the US, you are responsible for compliance with all local laws. You agree that you will not use the Carved Impressions Content accessed through https://www.carvedimpressions.com in any country or in any manner prohibited by applicable laws, restrictions or regulations.
Indemnification:
You agree to indemnify, defend and hold harmless Carved Impressions, it's officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees relating to your use of or inability to use the Site or Services, any user postings made by you, your violation of the terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Carved Impressions reserves the right, at it's own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Carved Impressions in asserting any available defenses.
Arbitration:
In the event the parties are not able to resolve any dispute between them arising out of or concerning to these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity of damages or any other relief, then such despite shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by Carved Impressions, in a location of the business entity and/or Site ownership. The arbitrator's award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover it's costs and reasonable attorney's fees. The parties agree to arbitrate all disputed and claims in regards to these Terms and conditions or any disputed arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. the parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provisions shall be determined by the Arbitrator. this arbitration shall survive the termination of these Terms and Conditions.
Class Action Waver:
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. The Parties agree that a party may bring claims against the other only in each's individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Carved Impressions agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer:
the information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Carved impressions and/or its suppliers may make improvements and/or changes in the Site at any time.
Carved Impressions and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Site for any purpose. to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Carved Impressions and/or its suppliers hereby disclaim all warranties and conditions with regard to the information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Carved Impressions and/or its suppliers be liable of any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of performance of this Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Carved Impressions or any of its suppliers has been advised of the possibility of damages. Because some stated/jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site.
Termination/Access Restriction:
Carved Impressions reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereto at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio and you hereby consent to the exclusive jurisdiction and venue of the courts in Ohio in all disputed arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Carved Impressions as a result of this agreement or use of the Site. Carved Impression' performance of this agreement is subject to existing laws and legal process, and nothing continued in this agreement is in derogation of Carved Impressions' rights to comply with governmental, court and law enforcement requests of requirements relating to your use of the Site or information provided to or gathered by Carved Impressions with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matched the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Carved Impressions with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Carved Impressions with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms:
Carved Impressions reserves the right, in its sole discretion, to change the Terms under which https://www.carvedimpressions.com is offered. The most current version of the Terms will supersede all previous versions. Carved Impressions encouraged you to periodically review the Terms to stay informed.
Contact Us:
Carved Impressions welcomes your questions or comments regarding the Terms:
Weblink:
Contact Us page
Address:
Carved Impressions
2001 Kuntz Rd.
Dayton Ohio 45404
E-mail address:
sales@carvedimpressions.com
Telephone number:
513.549.4798
Effective as of Jan 1, 2021